- The Court and its multiple constituencies: three perspectives on the Kosovo Advisory Opinion
- Number of pages
- Amsterdam: Amsterdam Center for International Law, University of Amsterdam
- Amsterdam Law School Legal Studies Research Paper
- Volume | Edition (Serie)
- Document type
- Working paper
- Faculty of Law (FdR)
- Amsterdam Center for International Law (ACIL)
This paper assesses the Kosovo Advisory Opinion as an attempt by the ICJ to maintain its authority vis-à-vis multiple constituencies on which the Court to some extent is dependent.
The Court controversial interpretation of SC Resolution 1244 and its neglect of questions of secession and self-determination allowed it to protect the interests of key constituencies. The fact that Kosovo appeared to benefit most is best understood as a side-effect of the Court's decision to serve its longer-term interests. However, this strategy came with a price. The Opinion may fuel secessionist attempts, and moreover could jeopardize future international arrangements to stabilize war-torn societies if the relevant actors were to realize that they can always unilaterally pull out of such arrangements, even if they have been blessed by the Security Council.
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